Motion to Set Aside Foreclosure Sale Sample

If you are a property owner who has been given the notice of default and have not agreed with your mortgage holder on payment, you have two options before you. You could choose to move toward foreclosure and set a date for the sale of your property. Or you could attempt to negotiate a new agreement for the repayment terms of your loan. With the help of a motion to set aside the foreclosure sale sample, you can show the court that you cannot meet the terms of the original contract. To find the motion to set aside a foreclosure sale sample that works in your states, contact a foreclosure attorney. 

Process of Setting Aside Foreclosure Sale

The first step in this process is to file a motion to set aside your property’s sale. In most cases, the lending institution must file this motion against the debtor, together with the attachment of all necessary documents. Once filed, the court will take the matter under consideration. If either party agrees upon the new contract’s terms, this document will be approved by the court. On the other hand, if both sides are not satisfied with the new contract, a trial date will be set. During this time, the court will consider what debts remain after the original debt is paid.

If a repayment plan is agreed upon, the property can be sold at auction. It is possible to avoid having this type of sale, however. If a borrower files a motion to set aside the foreclosure sale sample, indicating that he or she will not be able to repay the mortgage after a specified number of months, the case will be dismissed. At this point, the debtor is usually able to buy back the property at a later date. If the sale proceeds at an auction, it is the lender’s responsibility to pay off the borrower’s debts.

Some counties do not allow Hold harmless agreements, which means that homeowners who cannot pay off the mortgage after the agreed-upon amount of time will have to pay the entire balance of the loan. If this occurs, the foreclosure process will continue, and the homeowner may be evicted from the property.

How to Set Aside the Foreclosure Sale

It is quite simple for those who are not aware of how to set aside the foreclosure sale. To put a stop to the auction, one must apply with the court, stating why the auction should be canceled. The same document can also be filed with the county wherein the property in question is located and signed by the owner. In the county where the property in question is located, one must provide the title deed proving ownership of the property.

Any set-aside decision is therefore immediately nullified. In this case, a homeowner does not need to worry about his property because the foreclosure has already been canceled. To make things even better, a homeowner can still apply for modifying his loan and getting his property back.

This can be done through the intervention of the attorney who is handling the loan. It will lower the due auction sale price, but the loan servicer would then have to find another way to sell the property. In the meantime, the borrower can keep up with the payments and avoid foreclosure.

Motion to Vacate Foreclosure Attorney

This motion to vacate states that the homeowner has given notice of default to the mortgage company and that a default hearing will be held on the day of the scheduled auction. The sale date is then set for the home at the auction. The lender can then seek a court order to have the foreclosure auctioned by having a judge issue a temporary restraining order. At this point, the sale date is again postponed, and the foreclosure date moves forward.

An attorney will help to fill the motion to set aside the foreclosure sale sample. An offer to set apart is simply an agreement that outlines how money from the home sale will be held until the loan debt is repaid. In many cases, this means that the original debt will have to be repaid. The motion to set aside the sale must be filed in a county where the property is located.